JASWANTLAL CHHOTALAL DOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant-accused Jaswantlal Chotalal Doshi, challenges the order of conviction and sentence dated 26th October 1989 passed by the Additional Sessions Judge, Pune, is Sessions No. 502 of 1988, holding the appellant-accused guilty for offences punishable under sections 302 and 364 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for life. At the time of admission of Criminal Appeal No. 799 of 1989, this Court by an order dated 8-12-1989 ordered to issue a show cause notice for enhancement of sentence. It is numbered as Suo Motu Petition No. 31 of 1989. This Court while rejecting Criminal Application No. 140 of 1991 filed by the accused for bail on 31-1-1991, has ordered to treat the Criminal Appeal and the Notice of enhancement as confirmation case and further directed to expedite the matter.

(2.) THE facts leading to arrest and trial of the accused can be summarised as follows :

(3.) THE alleged incident is stated to have taken place on 28-6-1988 between 7. 15 a. m. to 11. 00 a. m. in a Mori (Latrine) situated at Gadge Maharaj-Dharmashala at Village Dehu Taluka : Haveli, District Pune and victim involved in the case is Vikrant alia Sunny Parkhe, male child of 5 years. The deceased Sunny was the son of P. W. 4 Asha w/o Prakash Parkhe (Exh. 18 ). P. W. 4 Asha got employment in Ammunition-Factory after the death of her husband and accused before the Court was already in service there. P. W. 4 Asha has three daughters including Shital P. W. 17 (Exh. 53 ). She used to reside at house bearing No. 813, situated in Gurwar Peth at Pune. P. W. 4 Asha lost her husband-Prakash on 20th December 1981 and after his death, she continued to stay with her in-laws for abut 31/2 years. The mother-in-law of P. W. 4 Asha dies somewhere in June 1985 and thereafter there used to be quarrels between P. W. 4 Asha and her sister-in-law and brother-in-law. As stated above in August 1986, P. W. 4 Asha got a job in place of her husband in Ammunition Factory situated at Kirkee and for the said service, she shifted her residence from Gurwar Peth to Bibewadi. The accused also was serving in the same Ammunition Factory and because of this, the accused P. W. 4 Asha got acquainted with each other. P. W. 4 Asha then requested the accused to search a house for her which may be nearer to her place of employment. The accused is having his own residential premises consisting of three rooms, and as such offered one room out of it to P. W. 4 Asha. P. W. 4 Asha then decided to shift to the room of the accused. Before that all the three daughters were kept at Thane in a boarding School. P. W. 4 Asha thereafter went to reside in one of the rooms of the premises of the accused alongwith her minor son Sunny @ Vikrant. She stayed there for about 5 to 6 months and during this period illicit intimacy developed between P. W. 4 Asha and the accused. The residents of the locality started talking bad about them and as such P. W. 4 Asha again requested the accused to search for an independent residence for her. P. W. 4 Asha then through the assistance and efforts of the accused secured the premises at Rup Nagar and then started residing over there alongwith her son. Accused continued to visit and have night halts at the new residence of P. W. 4 Asha and they both stayed as husband and wife. Because of the talk in the locality about the relationship between P. W. 4 Asha and the accused, they both decided to marry and ultimately got married on 2nd May 1987. In the year 1988, son Sunny was admitted to a School near St. Zavier School, situated at Chinchwad. P. W. 17 Shital Prakash Parkhe (Exh. 53) daughter of P. W. 4 Asha, used to take Sunny to the School, and bring him back. There arose a dispute over the money between P. W. 4 Asha and P. W. 17 Shital and P. W. 4 Asha saw that her daughter Shital also stays in boarding School at Thane. Thereafter P. W. 4 Asha, herself started to take Sunny to the School in the morning daily at about 7. 00 a. m. and leaving him at the School, she used to go to her work at the Ammunition Factory.